New Jersey Governor Phil Murphy signed the Diane B. Allen Equal Pay Act into law on April 24, 2018. The Act will take effect on July 1, 2018. The new law contains sweeping changes to the New Jersey Law Against Discrimination (LAD), including a prohibition against discrimination with respect to compensation or financial terms of employment, a six-year statute of limitations, and treble damages for violators. For details of the Act, see our article, Double Take: New Jersey Governor Poised to Enact Equal Pay Act.
Articles Discussing Labor And Employment Law In All Fifty Us States And Puerto Rico.
Iowa Amends Tough Drug Testing Law to Lower Standard for Positive Alcohol Tests
Beginning July 1, 2018, private employers in Iowa may take action based on an employee’s alcohol test result of .02 grams of alcohol per two hundred ten liters of breath. The lower standard was enacted under a 2018 amendment to the Iowa drug testing law (Iowa Code Section 730.5). Prior to the amendment, employers could not take action for alcohol test results below .04 Blood Alcohol Concentration (BAC).
New Jersey Governor Signs Pay Equity Bill into Law
New Jersey’s Diane B. Allen Equal Pay Act will take effect on July 1, 2018. The new law contains sweeping changes to the New Jersey Law Against Discrimination (LAD), such as a prohibition against discrimination with respect to compensation or financial terms of employment, a six-year statute of limitations, and treble damages for violators.
New York State Enacted Budget Includes Opioid Legislation
As part of the 2018-2019 New York State Budget, the Governor and the Legislature have agreed to a package of legislation addressing the opioid crisis in New York that includes requiring opioid manufacturers and distributors to help fund treatment programs.
Iowa Drug Testing Law Amended; Lawsuits on the Rise
Although Iowa’s drug testing statute was enacted more than 30 years ago, it is still considered one of the most difficult laws in the country for purposes of employer compliance.
https://www.littler.com/publication-press/publication/impending-necessary-ban-box-updates-criminal-record-inquiries
In 2010, Massachusetts enacted the Criminal Offender Record Information (CORI) Reform Act, which includes a “ban-the-box” component. Among other things, the law prohibits an employer from requiring an applicant to check a box if he or she has a criminal history.1 The law also prohibits an employer from requiring an applicant (or employee) to disclose the following specific types of criminal information: (i) arrests that did not result in a conviction; (ii) first convictions for certain misdemeanors (drunkenness, simple assault, speeding, minor traffic violations, affray or disturbing the peace); and (iii) convictions for misdemeanors where the date of the conviction or completion of incarceration occurred five or more years from the date of the application, unless there was an intervening conviction.2
Non-Compete News: Is Your Non-Compete Clause Too Broad? An Illinois Court Offers Guidance
Executive Summary: When drafting restrictive covenants, employers face a common dilemma about the scope of activities to be restrained. On the one hand, highly focused non-compete language tends to be more enforceable but might not protect the company’s legitimate business interests. On the other, a one-size-fits-all blanket prohibition is more comprehensive but runs the risk it will be unreasonably broad and unenforceable. A recent decision by a federal court in Illinois, Medix Staffing Solutions, Inc. v. Dumrauf (N.D. Ill. Apr. 17, 2018), draws a bright line regarding when a non-compete clause is overbroad as a matter of law. Notably, the court rejected language used frequently in non-compete covenants throughout the country, finding the language so all-encompassing as to be entirely unreasonable.
Sexual Harassment Bills to Watch Before the California Legislature
Several significant employment law bills relating to sexual harassment are pending before the California legislature which could significantly affect employer practices.
Massachusetts and the Ninth Circuit: Recent Ban On Using Prior Salary as Basis for Gender Pay Gap
Executive Summary: The federal Equal Pay Act already imposes limitations on employers when it comes to compensating employees of the opposite sex for equal work. With a recent legislative change in Massachusetts and a decision earlier this month out of the Ninth Circuit, however, several jurisdictions now prohibit the use of prior salary as a justification for any pay differential between men and women.
California Looks to Substantially Ban Employment Arbitration Agreements
Fueled by the need of legislators to politicize the “me-too” movement, there has been a lot of media attention in recent months on proposed legislation in many states to limit arbitration and/or confidentiality of sexual harassment-related claims.
Massachusetts Adjusts Limits on Employer Inquiries into Job Applicants’ Criminal History
A provision in the Massachusetts criminal justice reform law signed by Governor Charlie Baker amends the state’s restrictions on the questions employers may ask a job applicant regarding the applicant’s criminal history during the hiring process. The new restrictions include an adjusted limitation on asking about misdemeanor convictions and a bar on asking about sealed or expunged criminal records.
Massachusetts Equal Pay Act Calculation Tool: What Employers Need to Know
Ever since Massachusetts Governor Charlie Baker signed the state Equal Pay Act (MEPA) on August 1, 2016, employers have been seeking direction on how employee pay should be analyzed to withstand scrutiny under the new law. MEPA goes into effect on July 1, 2018.
Balancing Client Needs with Employee Needs
A decision out of the Northern District of California serves as a reminder that service industries need to carefully balance their commitment to client care with wage and hour obligations. A case manager at a large medical facility filed a class action claim under the California Private Attorneys General Act (“PAGA”) against the facility for multiple violations of federal and California law, including failure to pay overtime wages and failure to provide meal and rest breaks. The crux of her complaint was that she and other employees felt pressured to work off-the-clock in order to adequately tend to a larger number of patients after “cost-cutting measures” increased each employee’s workload.
Massachusetts Enacts Law Providing Greater Privacy of Health Insurance Information
Health insurance carriers often provide explanation of benefits (EOB) summaries to the policyholder specifying the type and cost of health care services received by dependents covered by the policy. EOBs often disclose sensitive information regarding the mental or physical health condition of adult dependents. Massachusetts has now enacted a law, an act to protect access to confidential health care (the PATCH Act), that permits patients to require their insurance carriers to send their medical information only to them as opposed to the policyholder.
Localities and the Salary History Ban: Next Stop, Westchester County, New York
New York’s Westchester County is the latest locality to adopt legislation prohibiting employers from asking prior salary histories of a prospective employee.